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HomeMy WebLinkAboutZA Action 09-004ZONING ADMINISTRATOR ACTION 09-004 CONDITIONAL USE PERMIT 09-007 14071 NEWPORT AVENUE The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit 09-007 was filed by Roland and Osbelia Guen-a of Rollie's Bakery, requesting authorization for on-site alcoholic beverage sales for beer and wine (ABC License Type "41 ") in conjunction with an existing bona fide restaurant located in a 1,819 square foot tenant space with twenty-one (21) seats at 14071 Newport Avenue. B. That the proposed land use is consistent with the Tustin City Code and General Plan. The site is zoned Planned Community Commercial (PCC) where restaurants are permitted and alcoholic beverage sales establishments are conditionally permitted pursuant to Ordinance No. 1230. The General Plan land use designation is Community Commercial, which allows for a variety of retail, office, and service-oriented businesses. The project is consistent with the Air Quality Sub-element of the City of Tustin General Plan. C. That per Section 9299b(3xf) of the Tustin City Code, the Zoning Administrator has the authority to consider requests for on-site alcoholic beverage sales licenses for restaurants. D. That a public hearing was duly called, noticed, and held on said application on May 18, 2009, by the Zoning Administrator. E. That the establishment, maintenance, and operation of the use applied for will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use nor be a detriment to the property and improvements in the neighborhood of the subject property, nor to' the general welfare of the City of Tustin as evidenced by the following findings: a. The proposed sale of on-site beer and wine is allowed within the Planned Community Commercial (PCC) zoning district with the approval of a Conditional Use Permit. b. As conditioned, the proposed on-site consumption of beer and wine is consistent with the Alcoholic Beverage Sales Establishment Guidelines as amended by the Planning Commission and adopted by the City Council on May 21, 2001. Zoning Administrator Action 09-004 May 18, 2009 Page 2 c. The on-site consumption of alcoholic beverages would be in conjunction with a restaurant where food will be served at all times when alcoholic beverages are served. As conditioned, no ancillary bar use would be allowed at the subject location. d. Bona fide restaurants with on-site alcoholic beverage sales are exempt from distance separation requirements to residential uses, sensitive uses, and other alcoholic beverage sales establishments. e. The restaurant use is located within a retail center and a commercial corridor along Newport Avenue where a variety of retail, office, and restaurant uses are located. The characteristics of the restaurant use and hours of operation of the restaurant would be similar to other restaurants in the center and in the vicinity. f. The 21-seat restaurant complies with the parking requirements originally established for the site in CUP 89-47. g. The Tustin Police Department has reviewed the application and has no immediate concerns. D. This project is Categorically Exempt pursuant to Section 15301, Class 1 (Existing Facilities), Title 14, Chapter 3, of the Califomia Code of Regulations (Guidelines for the Califomia Environmental Quality Act). 11. The Zoning Administrator hereby approves Conditional Use Permit 09-007 authorizing the on-site sale and consumption of beer and wine (ABC License Type "41 ") in conjunction with the existing 1,819 square foot restaurant (Rollie's Bakery and Mexican Cafe) located at 14071 Newport Avenue, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 18~' day of May, 2009. ~it~.~~ ELOISE RIS RECORDING SECRETARY ~`~,..`o. ~ D~lo.,,_ DANA L. OGDON ACTING ZONING ADMINISTRATOR Zoning Administrator Action 09-004 May 18, 2009 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELOISE HARRIS, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 09-004 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 18"' day of May, 2009. ~~r ELOISE HA Recording Secretary EXHIBIT A ZONING ADMINISTRATOR ACTION 09-004 CONDITIONAL USE PERMIT 09-007 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform to the submitted plans for the project date stamped on May 18, 2009, the date of approval, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. . (1) 1.2 Conditional Use Permit 09-007 approval shall become null and void unless an Alcoholic Beverage Control License Type "41" is obtained from the State Department of Alcoholic Beverages Control and the sale and consumption of beer and wine commences within twelve (12) months of the date of this exhibit. Time extensions may be granted by the Community Development Department if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 The applicant shall be responsible for obtaining the appropriate license (Type 41) license from the State Department of Alcoholic Beverage Control for the type of alcoholic sales authorized for the site (on-sale beer and wine). A copy shall be provided to the Community Development Department prior to the establishment of the use. (1) 1.4 All conditions in this Exhibit shall be complied with prior to the establishment of alcoholic beverage sales, subject to review and approval of the Community Development Department. (1) 1.5 Approval of Conditional Use Permit 09-007 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recorciation shall be provided to the Community Development Department. Failure to comply with the conditions of approval shall be grounds for revocation of the conditional use permit. SOURCE CODES (1) STANDARD CONDITION (5) (2) CEQA MITIGATION (6) (3) UNIFORM BUILDING CODES (7) (4) DESIGN REVIEW *** RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTION Exhibit A Zoning Administrator Action 09-004 May 18, 2009 Page 2 (1) 1.6 Conditional Use Permit 09-007 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with Conditional Use Permit 09-007, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. (1) 1.7 Any violation of any of the conditions imposed is subject to issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). (1) 1.8 As a condition of approval of Conditional Use Permit 09-007, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in the defense of any such action under this condition. USE RESTRICTIONS (1) 2.1 Only on-site sale or consumption of alcohol for any type of ABC license is authorized. All alcoholic beverages shall be consumed on-site, with the exception of the provisions stated in the Business and Profession Code Section 23396.5 and 23401. (7) 2.2 Business hours are limited to the following: 6:00 a.m. -10:00 p.m. Sunday through Thursday 6:00 a.m. -11:00 p.m. Friday and Saturday Hours of sales of beer and wine shall be limited to the hours when food is available. Modifications to the hours of operation may be approved by the Community Development Director if it is determined that no impacts to the surrounding tenants or properties will occur. () 2.3 The total number of seats shall not exceed twenty-one (21) based on the amount of .parking allotted to the suite by CUP 89-47. A request for additional seats may be considered by the Community Development Director if the property owner demonstrates, through the submittal of a parking and Exhibit A Zoning Administrator Action 09-004 May 18, 2009 Page 3 land use summary, or as otherwise authorized by current provisions of the Tustin City Code, that an adequate number of on-site parking spaces are available to accommodate additional seating for the restaurant. (1) 2.4 No outdoor seating is permitted at the site without approvals in accordance with the Tustin City Code. (7) 2.5 Authorization for the on-site sale of beer and wine (ABC License Type "41 ") is contingent upon the use of the subject premises remaining a restaurant as defined in the City of Tustin Alcoholic Beverage Sales Establishment Guidelines. Should the restaurant use change or be discontinued, the use permit shall become null and void. No ancillary bar use is permitted. (1) 2.6 The restaurant shall operate within all applicable State, County, and Tustin City Code provisions, including the City of Tustin Noise Ordinance. Any violations of the regulations of the Department of Alcoholic Beverage Control as they pertain to the subject location, or the City of Tustin, as they relate to the sale of alcoholic beverages, may result in the revocation of the subject Conditional Use Permit, as provided by the Tustin City Code. (1) 2.7 "No Loitering" signs shall be placed near the entrance on the outside of the premises or in other specified locations where alcoholic beverages are sold. (1) 2.8 All litter shall be removed from the exterior areas around the premises including adjacent public sidewalk areas and parking areas, no less frequently than once each day that the business is open. (1) 2.9 An approved live entertainment permit is required prior to establishing any dancing or live entertainment on the premises. (1) 2.10 No sexually oriented businesses shall be conducted on the premises without approval by the City in accordance with the Tustin City Code. (1) 2.11 All persons selling alcoholic beverages shall be eighteen (18) years of age or older and shall be supervised by someone twenty-one (21) years of age or older. A supervisor shall be present in the same area as the point of sale. (1) 2.12 Exterior public pay telephones shall be prohibited and interior public pay phones shall be programmed to preven# incoming calls. (1) 2.13 Business operations shall be conducted in a manner that does not create a public or private nuisance. Any such nuisance must be abated immediately upon notice by the City of Tustin. Exhibit A Zoning Administrator Action 09-004 May 18, 2009 Page 4 (***) 2.14 To verify that gross annual sales of food exceed the gross annual sales of alcoholic beverages, an audited financial statement shall be provided for review and approved by the Community Development Director upon request by the Community Development Department. If the audited financial statement demonstrates that the sales of alcoholic beverages exceeds the sales of food, then the sale of alcoholic beverages shall cease immediately until it can be determined whether the use is operating as a restaurant or a bar that would be subject to distance separation requirements. FEES (1) 3.1 Prior to issuance of any permits, the applicant shall pay all applicable Building plan check and license permit fees to the Community Development Department. (2) 3.2 Within forty-eight (48) hours of approval of the subject project, the applicant shalt deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of fifty dollars ($50.00) to enable the City to ale the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.